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. 2022 May;59(3):279-326.
doi: 10.1177/00224278211043926. Epub 2021 Sep 22.

Shifting Peaks and Cumulative Consequences: Disqualifying Convictions in High-security Jobs

Megan Denver  1 , Brandon Behlendorf  2
Affiliations

Shifting Peaks and Cumulative Consequences: Disqualifying Convictions in High-security Jobs

Megan Denver et al. J Res Crime Delinq. 2022 May.

Abstract

Objectives: Disqualifying conviction lists (DCLs) bar applicants with certain convictions within specified timeframes from employment. Using proposed federal legislative changes in the aviation sector as a case study, we examine whether convictions under the existing policy are associated with subsequent arrest. Then we consider the implications of proposed expansions-arrests instead of convictions and a longer look-back window-on employment restrictions.

Methods: Since DCLs exclude ineligible applicants with conviction records, we use a large, single-state sample of diverse criminal histories. We compare subsequent arrest rates across offense types, consider variations in hazard patterns, and project exclusion estimates based on current and anticipated policy reforms.

Results: Only half of the disqualifying offenses have consistently higher recidivism rates than non-disqualifying offense types. Over 20 percent of the sample would be barred from employment, policy extensions double this estimate, and exclusions are age-graded, shifting a peak conviction age of 20 years old to a peak "consequence age" of 28.

Conclusions: Including a narrower set of offenses would reduce those automatically disqualified in our study context by nearly 20 percent, or 39,000 individuals. Instead of expanding the DCL scope, successful criteria should be both effective in prediction and narrow in application.

Keywords: collateral consequences; criminal background checks; disqualifying conviction lists; recidivism; transportation security.

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Conflict of interest statement

Declaration of Conflicting Interests: The author(s) declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.

Figures

Figure 1.
Figure 1.
Offense type comparisons: sorted by any subarrest rate. Note. The numbers listed in the x-axis represent the number of unique individuals with that offense type as their first conviction. Threat, extortion, and controlled substance importation/manufacturing have too few cases to report here.
Figure 2.
Figure 2.
Offense type comparisons: sorted by SIDA subarrest rate. Note. The numbers listed in the x-axis represent the number of unique individuals with that offense type as their first conviction. Threat, extortion, and controlled substance importation/manufacturing have too few cases to report here.
Figure 3.
Figure 3.
Security Identification Display Area (SIDA) subarrest hazard patterns. Note. Four groups are included above, all of which are first conviction types: non-SIDAs, four offenses with lower recidivism rates than the non-SIDA group (low), eight with higher rates than the non-SIDA group (high), and four with inconsistent results across specifications (inconsistent).
Figure 4.
Figure 4.
Age-conviction (incidence) and age-consequence (prevalence), different axes.
Figure 5.
Figure 5.
Age-conviction (incidence) and age-consequence (prevalence), same axis.
See this image and copyright information in PMC

References

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